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Cast
Library (“Site”) is an Internet property of Bella Ventures, Inc. (“we,”
“us”). PLEASE READ THE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY
BEFORE USING THIS SITE.
BY
ACCESSING OR USING THE SITE, YOU AND ANY ENTITY YOU ARE AUTHORIZED TO
REPRESENT (“YOU” OR “YOUR”) AGREE TO BE BOUND BY THESE TERMS. THESE
TERMS CONSTITUTE AN AGREEMENT GOVERNING YOUR ACCESS TO AND USE OF THE
SITE. YOU ALSO AGREE THAT YOU HAVE READ THE PRIVACY POLICY OF OUR SITE AND YOU ACCEPT THE PRIVACY POLICY.
THESE
TERMS AND CONDITIONS ALSO APPLY TO SITES UNDER COMMON OWNERSHIP WITH
THE SITE, INCLUDING WITHOUT LIMITATION DEALIFY.NET, TO WHICH WE MAY
PROVIDE LINKS WITHIN THE SITE.
THESE TERMS AND CONDITIONS CALL FOR ARBITRATION OF DISPUTES. PLEASE SEE THE “ARBITRATION” SECTION BELOW FOR DETAILS.
WE
MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING
REVISED TERMS ON OUR SITE. CONTINUED USE OF THE SITE CONSTITUTES YOUR
BINDING ACCEPTANCE OF ANY MODIFICATIONS.
PLEASE
NOTE: This Site may not be used by persons under eighteen (18) years of
age, or persons who are not residents of the United States. Persons in
these categories must not disclose any information to us, or use this
Site. We do not knowingly solicit or collect information from persons
under eighteen (18) years of age or who are not United States
residents. We define “United States” as the fifty (50) states, plus
U.S. territories, including the Midway Islands, Puerto Rico, American
Samoa, Virgin Islands, Micronesia, Marshall Islands, Northern Mariana
Islands, Palau and Guam.
THIS
SITE IS FOR INFORMATION AND PERSONAL ENTERTAINMENT ONLY. WE DO NOT
PROVIDE LICENSES FOR REPRODUCTION, DISTRIBUTION, PUBLICATION, OR PUBLIC
PERFORMANCES OF THE MATERIALS FOUND ON OR THROUGH OUR SITE. WE DO NOT
WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS, OR TIMELINESS OF THE
INFORMATION CONTAINED IN OR LINKED TO THE SITE. YOUR USE OF INFORMATION
AND RESOURCES ON THE SITE OR LINKED TO FROM THE SITE IS ENTIRELY AT
YOUR OWN RISK.
Use Of The Site
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this
Agreement; (b) to use the Site solely for informational, personal,
non-commercial, educational or entertainment purposes; and (c) to print
out discrete information from the Site solely for such purposes and
provided that you maintain all copyright and other proprietary notices
contained therein.
You
further agree to comply with U.S. or other applicable law regarding the
transmission of any information obtained from the Site in accordance
with the Terms, not to use the Site for illegal purposes, and not to
interfere or disrupt the networks or other sites connected to the Site.
Any
Site updates, enhancements, new features, and/or the addition of any
new web properties, are subject to these Terms. We may change, suspend
or discontinue any aspect of this Site at any time, including the
availability of any feature, downloadable, software database, or
content. We may also impose limits on certain features and services or
restrict your access to parts or this entire Site without notice and
without liability to you.
We
may monitor your use of this Site, and may freely use and disclose any
information and materials received from you or collected through your
use of this Site for any lawful reason or purpose, in accordance with
our Privacy Policy relating to the collection and use of your personal information.
Termination
We may discontinue or suspend the Site at any time without notice. We
may also may block, terminate or suspend your access to the Members’
section of the Site at any time for any reason in our sole discretion,
even if access to the Site continues to be allowed to other users. Upon
such suspension or termination, you must immediately discontinue use of
the Site. You acknowledge and agree that we shall not be liable to you
or any person or entity making a claim through you for any termination
or suspension of your access to the Site.
Restrictions On Use
Your license for access and use of the Site and any information,
materials or documents (collectively, “Content”) found on the Site are
subject to the following restrictions and prohibitions on use:
(i)
you may not copy, print (except for the express limited purpose
permitted by the section entitled “Use of the Site” above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the
Site or any Content retrieved from it;
(b)
you may not use the Site or any materials obtained from the Site to
develop, of as a component of, any information, storage and retrieval
system, database, information base, website, or similar resource (in
any media now existing or hereafter developed), that is offered for
commercial distribution of any kind, including through sale, license,
lease, rental, subscription, or any other commercial distribution
mechanism;
(c) you may not create compilations or derivative works of any Content from the Site;
(d)
you may not use any Content from the Site in any manner that may
infringe any copyright, intellectual property right, proprietary right,
or property right of us or any third parties;
(e)
you may not remove, change or obscure any copyright notice or other
proprietary notice or terms of use contained in the Site;
(f)
you may not remove, decompile, disassemble or reverse engineer any Site
software or use any network monitoring or discovery software to
determine the Site architecture;
(h) you may not use any automatic or manual process to harvest information from the Site;
(i)
you may not download, post, email or otherwise transmit or
intentionally receive any content that is unlawful, illegal,
threatening, abusive, harassing, tortious, defamatory, obscene,
libelous, invasive of another’s right to privacy, reveals private
information about another person without consent of that person, or may
tend to incite others to undertake any of the foregoing activities, or
violate any export or import regulations of the country of origin or
receipt;
(j) you may not
download, post, email or otherwise transmit any software virus or other
computer code, files or programs designed to interrupt, destroy, limit
the functionality, or cause a denial or interruption of service of any
computer software or hardware or telecommunications equipment of ours
or any third party, including without limitation any telecommunications
network;
(k) you may not
copy, transmit, use, broadcast, distribute or modify any information or
material in violation of patent, copyright, trademark or trade secret
rights of any other person;
(l)
you may not use this Site in any manner that violates any rules or
regulations imposed on you by the owner of the computer equipment or by
the Internet Service Provider you have chosen to use to access this
Site;
(m) you may not
violate or attempt to violate the security, efficiency, reliability, or
integrity of this Site or its content in any way, including, without
limitation, by accessing data, servers or accounts which you are not
authorized to access, forging TCP/IP packet headers or payloads or
accessing or attempting to access parts of this Site that are subject
to access restrictions;
(n) you may not use the Site in a manner that violates any state or federal law.
Member Account
We make certain services available to individuals (“Members”) who register on the Site.
Members
have access to certain information relating to products, services and
information provided by third parties (“Third Party Providers”),
including access to Members’ Area webpage with links to resources and
information. Members also may receive complimentary promotional offers
after fulfilling the applicable participation requirements.
There is no charge for membership. To gain free access to the
Members’ Area of the Site, each registrant must do the following:
(1) read and agree with the Terms and Conditions and Privacy Policy
of our website; (2) register using true and accurate information; and
(3) View our sponsors’ offers. No purchase is required.
Third Party Providers
We use reasonable diligence to ensure that the services and information
provided by us is reliable and accurate. However, we do not maintain
any control over the quality of service, accuracy of information or
operation of websites of Third Party Providers. The appearance of a
link to a Third Party Provider on the Site is not an endorsement of
such Third Party Provider or any services or information provided by
the Third Party Provider or at its site. If a Member decides to access
a Third Party Provider website, such access is entirely at the Member’s
own risk.
WE
MAKE NO GUARANTEES OR WARRANTIES ABOUT THE ACCURACY, CURRENCY, CONTENT,
QUALITY OR TIMELINESS OF THE SERVICES OR INFORMATION PROVIDED BY ANY
THIRD PARTY PROVIDER, AND WE ASSUME NO RESPONSIBILITY FOR UNINTENDED,
OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY
RESIDE ON THIRD PARTY PROVIDER WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT
WE MAKE NO GUARANTEES ABOUT, AND ASSUME NO RESPONSIBILITY FOR, THE
ACCURACY, CURRENCY, CONTENT, TIMELINESS OR QUALITY OF SUCH THIRD PARTY
PROVIDER WEBSITES, SERVICES OR INFORMATION. MEMBERS ACCEPT FULL
RESPONSIBILITY FOR ANY CORRESPONDENCE, COMMUNICATION OR CONTACT WITH
THIRD PARTY PROVIDERS. ANY AND ALL FEE ARRANGEMENTS ARE STRICTLY
BETWEEN MEMBER AND ANY THIRD PARTY PROVIDER OR ADVERTISER.
Warranties And Disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND
US, ALL INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED “AS IS”
WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE
ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR
OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.
THIS
SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE
PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, WE MAKE NO
COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
Liability Limitations
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING
WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS
PRESENTED, (2) LOSS OF USE, DATA OR PROFITS, (3) DELAYS OR BUSINESS
INTERRUPTIONS, (4) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE) WHETHER OR NOT YOU
HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
OUR LIABILITY TO YOU FOR ANY DAMAGES, DIRECT OR INDIRECT, EXCEED THE
SUM OF $500.00.
SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold us, and all our officers,
members, managers, directors, owners, agents, employees, information
providers, affiliates, licensors and licensees (collectively, the
“Indemnified Parties”) harmless from and against any and all liability
and costs incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of these Terms, including,
without limitation, our reasonable attorneys’ fees and costs. You shall
cooperate as fully as reasonably required in the defense of any claim.
We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter without our
written consent.
Security
Currently, we do not require any payments for access to our Members’
Area, and therefore do not protect or secure credit card or other
payment transactions. We may provide links to Third Party Providers’
sites that require such payments, but we do not accept any liability
for the security of credit card or other data transmitted to such third
parties.
We
do not desire to receive confidential or proprietary information
through this Site. Your personal identifying information will be
maintained by us in accordance with our Privacy Policy. Any other information sent to us will be deemed NOT CONFIDENTIAL.
You
grant to us an unrestricted, irrevocable, royalty-free license to
display, use, modify, perform, reproduce, transmit, and distribute any
information you send to us, for any and all commercial and
non-commercial purposes. Furthermore, we may transfer any and all
information, including personally identifying information, to any
successor to our business, whether by sale, merger, or otherwise.
Linking To Our Site
We permit anyone to link to our Site subject to the linker’s compliance with these Terms:
(i)
You may link to, but not replicate, content contained at our Site,
except for our Member’s Area, which may not be linked to without our
prior written consent;
(ii) You may not create a border or browser around content contained in our Site;
(iii) You must not present misleading or false information about our services or products;
(iv) You may not misrepresent our relationship with the linker;
(v) You may not imply that we endorse or sponsor the linker or the linker’s services or products;
(vi) You may not use our logos or trade dress without our prior written permission;
(vii)
You may not include any content that could be construed as obscene,
libelous, defamatory, pornographic, or inappropriate for viewers of all
ages;
(viii) You may not include materials that would violate any U.S. laws, including without limitation the CAN-SPAM Act;
(ix) You must agree that the link may be removed at any time upon our request.
Intellectual Property
The information on this Site is protected by copyright. Except as
specifically permitted, no portion of this Site may be distributed or
reproduced by any means, or in any form, without our prior written
permission.
The
absence of a name or logo in these Terms does not constitute a waiver
of any intellectual property rights that we have established in any of
our material, feature, or service names or logos. We reserve all
intellectual property rights, including all copyrights and trademark
rights.
Notices, How To Contact Us
All notices to you required or permitted under these Terms may be sent
to you at the last email address you submitted to us, or by regular
mail to your last-submitted physical address, if any. You are solely
responsible for contacting us with any changes in your contact details.
Notices to us shall be submitted at info@Twilight Audio Books or by mail at:
Customer Service Manager
Bella Ventures, Inc
6216 E. PCH
Long Beach, CA 90803
or to such other address as we may provide at this Site from time to time.
Compliance With Copyright And Other Laws / DMCA
We do not knowingly provide links to resources, websites or other
materials that violate the copyrights, trademarks, or other
intellectual property rights of third parties. If you are the owner of
such rights, and you object to the linking or posting of materials on
our Site, please send a notice to the Customer Service Manager at the
address posted above for Notices. Please be as specific as possible
with regard to your claim, and you must cooperate by providing any
additional information we may request. If you do so, we will
investigate your claim promptly, and will disable or remove links or
materials that we believe may violate the rights of third parties.
Similarly, if you are a website owner and prefer that the Site not
include a link to your site, please notify us and we will promptly
remove the link.
Governing Law
These Terms shall be governed and construed in accordance with the laws
of the State of California without giving effect to the conflict of
laws principles thereof.
Arbitration
Any controversy or claim arising out of or relating to these Terms and
Conditions, the Privacy Policy, or the breach thereof, shall be settled
by arbitration administered by the American Arbitration Association in
accordance with its Commercial Arbitration Rules, and judgment on the
award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. The arbitrator(s) will have no authority to award
punitive or other damages not measured by the prevailing party’s actual
damages, except as may be required by statute. Any decision rendered by
the arbitrators shall include findings of fact and conclusions of law.
The arbitration shall take place in New York, New York, and shall be
conducted in the English language. Either party also may, without
waiving any remedy under these Terms and Conditions, seek from any
court having jurisdiction any interim or provisional relief that is
necessary to protect the rights or property of that party, pending the
establishment of the arbitral tribunal (or pending the arbitral
tribunal’s determination of the merits of the controversy).
For details of the arbitration process, rules and costs, please see the site of the American Arbitration Association at www.adr.org.
Severability
If any provision of this agreement shall be held or made invalid or
unenforceable by a court decision, statute, rule or otherwise, the
remaining provisions of this agreement shall not be affected thereby.
Modifications
We reserve the right to change or modify any provision of these Terms
at any time in its sole and exclusive discretion. You also may be
subject to additional terms and conditions that may apply when you use
Third Party Provider content or third party software.
Miscellaneous
These Terms constitute the entire agreement between you and us with
respect to the use of the Site or its Content, any software or service,
information, and supersede all discussions, communications,
conversations and agreements concerning the subject matter hereof.
Our
failure to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent jurisdiction to
be invalid or unenforceable, the court should endeavor to give effect
to the parties’ intentions as reflected in the provision, and the other
provisions of the Terms shall remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
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